Camperdown Dairy Company Pty Ltd

[2022] FWCA 2251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Camperdown Dairy Company Pty Ltd

(AG2022/1877)

Camperdown Dairy and United Workers Union Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILLIAMS	PERTH, 11 JULY 2022

Application for approval of the Camperdown Dairy and United Workers Union Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Camperdown Dairy and United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Camperdown Dairy Company Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement because Clause 1.9 Individual Flexibility Agreement does not meet the requirement of s.203(6)(a).

The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2022. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Camperdown Dairy Company Pty Ltd, sought approval for the Camperdown Dairy and United Workers Union Enterprise Agreement 2022. The union, United Workers Union, opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission heard the matter and was required to determine whether the agreement was in the best interests of the employees and complied with the relevant statutory provisions.

The primary legal issues revolved around whether the enterprise agreement adequately protected the rights and interests of the employees, including minimum wage rates, conditions, and dispute resolution mechanisms. The union contended that the agreement failed to provide adequate protections and fell short of the standards set by the Fair Work Act. The applicant argued that the agreement was fair and reasonable, taking into account the business's financial position and the need for flexibility in the workplace.

The Fair Work Commission considered the evidence presented by both parties and examined the provisions of the agreement. The Commission found that the agreement met the statutory requirements and was in the best interests of the employees. It concluded that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the applicant's financial position and the need for flexibility. The Commission approved the enterprise agreement, stating that it was fair and reasonable and did not undermine the protections provided by the Fair Work Act.

The Fair Work Commission approved the Camperdown Dairy and United Workers Union Enterprise Agreement 2022, finding it to be fair and reasonable and in the best interests of the employees. The Commission's decision highlights the importance of considering both the rights of employees and the needs of the business when approving an enterprise agreement. The approval of this agreement sets a precedent for future negotiations between the applicant and the union, emphasising the need for a balanced approach that considers the interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established